Permission to re-captured ship to proceed on voyage. Prize bounty to officers and crew present at engage ment with an enemy. Ascertainment of amount of prize bounty by decree of Prize Court. Payment of prize bounty awarded. Power for regulating ransom by order in council. re-captors as prize salvage a larger part than one-eighth part, but not exceeding in any case one-fourth part, of the value of the prize. Provided also, that where a ship after being so taken is set forth or used by any of Her Majesty's enemies as a ship of war, this provision for restitution shall not apply, and the ship shall be adjudicated on as in other cases of prize. 41. Where a ship belonging to any of Her Majesty's subjects, after being taken as prize by the enemy, is retaken from the enemy by any of Her Majesty's ships of war, she may, with the consent of the recaptors, prosecute her voyage, and it shall not be necessary for the recaptors to proceed to adjudication till her return to a port of the United Kingdom. The master or owner, or his agent, may, with the consent of the re-captors, unload and dispose of the goods on board the ship before adjudication. In case the ship does not, within six months, return to a port of the United Kingdom, the re-captors may nevertheless institute proceedings against the ship or goods in the High Court of Admiralty, and the Court may thereupon award prize salvage as aforesaid to the re-captors, and may enforce payment thereof, either by warrant of arrest against the ship or goods, or by monition and attachment against the owner. V. PRIZE BOUNTY. 42. If, in relation to any war, Her Majesty is pleased to declare, by proclamation or Order in Council, her intention to grant prize bounty to the officers and crews of her ships of war, then such of the officers and crew of any of Her Majesty's ships of war as are actually present at the taking or destroying of any armed ship of any of Her Majesty's enemies shall be entitled to have distributed among them as prize bounty a sum calculated at the rate of five pounds for each person on board the enemy's ship at the beginning of the engagement. 43. The number of the persons so on board the enemy's ship shall be proved in a Prize Court, either by the examinations on oath of the survivors of them, or of any three or more of the survivors, or if there is no survivor by the papers of the enemy's ship, or by the examination on oath of three or more of the officers and crew of Her Majesty's ship, or by such other evidence as may seem to the Court sufficient in the circumstances. The Court shall make a decree declaring the title of the officers and crew of Her Majesty's ship to the prize bounty, and stating the amount thereof. The decree shall be subject to appeal as other decrees of the Court. 44. On production of an official copy of the decree the commissioners of Her Majesty's Treasury shall, out of money provided by Parliament, pay the amount of prize bounty decreed, in such manner as any Order in Council may from time to time direct. VI.-MISCELLANEOUS PROVISIONS. Ransom. 45. Her Majesty in Council may from time to time, in relation to any war, make such orders as may seem expedient, according to circumstances, for prohibiting or allowing, wholly or in certain cases, or subject to any conditions or regulations or otherwise, as may from time to time seem meet, the ransoming or the entering into any contract or agreement for the ransoming of any ship or goods belonging to any of Her Majesty's subjects, and taken as prize by any of Her Majesty's enemies. Any contract or agreement entered into, and any bill, bond, or other security given for ransom of any ship or goods, shall be under the exclusive jurisdiction of the High Court of Admiralty as a Prize Court (subject to appeal to the Judicial Committee of the Privy Council), and if entered into or given in contravention of any such Order in Council shall be deemed to have been entered into or given for an illegal consideration. If any person ransoms or enters into any contract or agreement for ransoming any ship or goods, in contravention of any such Order in Council, he shall for every such offence be liable to be proceeded against in the High Court of Admiralty at the suit of Her Majesty in her Office of Admiralty, and on conviction to be fined, in the discretion of the Court, any sum not exceeding five hundred pounds. Convoy. merchant vessels under convey dis 46. If the master or other person having the command of any ship Punishment of any of Her Majesty's subjects, under the convoy of any of Her of masters of Majesty's ships of war, wilfully disobeys any lawful signal, instruction, or command of the commander of the convoy, or without leave deserts the convoy, he shall be liable to be proceeded against in the High Court obeying of Admiralty at the suit of Her Majesty in her Office of Admiralty, and orders or upon conviction to be fined, in the discretion of the Court, any sum not deserting exceeding five hundred pounds, and to suffer imprisonment for such convoy. time, not exceeding one year, as the Court may adjudge. Customs Duties and Regulations. 47. All ships and goods taken as prize and brought into a port of the United Kingdom shall be liable to and be charged with the same rates and charges and duties of customs as under any Act relating to the customs may be chargeable on other ships and goods of the like description; and All goods brought in as prize which would on the voluntary importation thereof be liable to forfeiture or subject to any restriction under the laws relating to the Customs, shall be deemed to be so liable and subject, unless the Commissioners of Customs see fit to authorize the sale or delivery thereof for home use or exportation, unconditionally or subject to such conditions and regulations as they may direct. Prize ships and goods liable to duties and forfeiture. of customs to be observed as to prize ships and goods. 48. Where any ship or goods taken as prize is or are brought into a Regulations port of the United Kingdom, the master or other person in charge or command of the ship which has been taken or in which the goods are brought shall, on arrival at such port, bring to at the proper place of discharge, and shall, when required by any officer of Customs, deliver an account in writing under his hand concerning such ship and goods, giving such particulars relating thereto as may be in his power, and shall truly answer all questions concerning such ship or goods asked by any such officer, and in default shall forfeit a sum not exceeding one hundred pounds, such forfeiture to be enforced as forfeitures for offences against the laws relating to the Customs are enforced, and every such ship shall be liable to such searches as other ships are liable to, and the officers of the Customs may freely go on board such ship and bring to the Queen's warehouse any goods on board the same, subject nevertheless to such regulations in respect of ships of war belonging to Her Majesty as shall from time to time be issued by the Commissioners of Her Majesty's Treasury. 49. Goods taken as prize may be sold either for home consumption Power for or for exportation; and if in the former case the proceeds thereof, after treasury to payment of duties of Customs, are insufficient to satisfy the just and remit Customs duties in certain cases. Punishment of persons guilty of perjury. Actions against persons executing Act not to be reasonable claims thereon, the Commissioners of Her Majesty's Treasury may remit the whole or such part of the said duties as they see fit. Perjury. 50. If any person wilfully and corruptly swears, declares, or affirms falsely in any prize cause or appeal, or in any proceeding under this Act, or in respect of any matter required by this Act to be verified on oath, or suborns any other person to do so, he shall be deemed guilty of perjury, or of subornation of perjury (as the case may be), and shall be liable to be punished accordingly. Limitation of Actions, &c. 51. Any action or proceeding shall not lie in any part of Her Majesty's dominions against any person acting under the authority or in the execution or intended execution or in pursuance of this Act for any alleged irregularity or trespass, or other act or thing done or brought with- omitted by him under this Act, unless notice in writing (specifying out notice, &c. the cause of the action or proceeding) is given by the intending plaintiff or prosecutor to the intended defendant one month at least before the commencement of the action or proceeding, nor unless the action or proceeding is commenced within six months next after the act or thing complained of is done or omitted, or, in case of a continuation of damage, within six months next after the doing of such damage has ceased. Jurisdiction of In any such action the defendant may plead generally that the act or thing complained of was done or omitted by him when acting under the authority or in the execution or intended execution or in pursuance of this Act, and may give all special matter in evidence; and the plaintiff shall not succeed if tender of sufficient amends is made by the defendant before the commencement of the action; and in case no tender has been made, the defendant may, by leave of the Court in which the action is brought, at any time pay into Court such sum of money as he thinks fit, whereupon such proceeding and order shall be had and made in and by the Court as may be had and made on the payment of money into Court in an ordinary action; and if the plaintiff does not succeed in the action, the defendant shall receive such full and reasonable indemnity as to all costs, charges, and expenses incurred in and about the action as may be taxed and allowed by the proper officer, subject to review; and though a verdict is given for the plaintiff in the action he shall not have costs against the defendant, unless the judge before whom the trial is had certifies his approval of the action. Any such action or proceeding against any person in Her Majesty's Naval service, or in the employment of the Lords of the Admiralty, shall not be brought or instituted elsewhere than in the United Kingdom. Petitions of Right. 52. A petition of right, under the Petitions of Right Act, 1860, High Court of may, if the suppliant thinks fit, be intituled in the High Court of Admiralty on Admiralty, in case the subject-matter of the petition or any material petitions of part thereof arises out of the exercise of any belligerent right on behalf right in of the Crown, or would be cognizable in a Prize Court within Her as in 23 & 24 Majesty's dominions if the same were a matter in dispute between certain cases, Vict. c. 34. private persons. Any petition of right under the last-mentioned Act, whether intituled in the High Court of Admiralty or not, may be prosecuted in that Court, if the Lord Chancellor thinks fit so to direct. The provisions of this Act relative to appeal, and to the framing and approval of general orders for regulating the procedure and practice of the High Court of Admiralty, shall extend to the case of any such petition of right intituled or directed to be prosecuted in that Court; and, subject thereto, all the provisions of the Petitions of Right Act, 1860, shall apply, mutatis mutandis, in the case of any such petition of right; and for the purposes of the present section, the terms "Court" and "Judge" in that Act shall respectively be understood to include and to mean the High Court of Admiralty and the judge thereof and other terms shall have the respective meanings given to them in that Act. Orders in Council. 53. Her Majesty in Council may from time to time make such Orders Power to in Council as seem meet for the better execution of this Act. make orders in council. Order in 54. Every Order in Council under this Act shall be published in the London Gazette, and shall be laid before both Houses of Parliament council to be within thirty days after the making thereof, if Parliament is then gazetted, &c. sitting, and, if not, then within thirty days after the next meeting of Parliament. Savings. 55. Nothing in this Act shall (1.) give to the officers and crew of any of Her Majesty's ships of Not to affect war any right or claim in or to any ship or goods taken as rights of prize or the proceeds thereof, it being the intent of this Act Crown; effect of treaties, &c. that such officers and crews shall continue to take only such interest (if any) in the proceeds of prizes as may be from time. to time granted to them by the Crown; or (2.) affect the operation of any existing treaty or convention with any foreign power; or (3.) take away or abridge the power of the Crown to enter into any treaty or convention with any foreign power containing any stipulation that may seem meet concerning any matter to which this Act relates; or (4.) take away, abridge, or control, further or otherwise than as expressly provided by this Act, any right, power, or prerogative of Her Majesty the Queen in right of her Crown, or in right of her Office of Admiralty, or any right or power of the Lord High Admiral of the United Kingdom, or of the commissioners for executing the office of Lord High Admiral; or (5.) take way, abridge, or control, further or otherwise than as expressly provided by this Act, the jurisdiction or authority of a Prize Court to take cognizance of and judicially proceed upon any capture, seizure, prize, or reprisal of any ship or goods, and to hear and determine the same, and, according to the course of Admiralty and the law of nations, to adjudge and condemn any ship or goods, or any other jurisdiction or authority of or exerciseable by a Prize Court. Commencement. 56. This Act shall commence on the commencement of the Naval CommenceAgency and Distribution Act, 1864 (k). ment of Act. (k) [By the operation of the Supreme Court of Judicature Act, 1873 (36 & 37 Vict. c. 66), the jurisdiction of the High Court of Admiralty is assigned, subject to any rule under the Act which may APPENDIX E. Alabama claims to be referred to arbitration. THE TREATY OF WASHINGTON, 1871. Concluded May 8, 1871; Ratifications Exchanged June 17, 1871; THE United States of America and Her Britannic Majesty, being desirous to provide for an amicable settlement of all causes of difference between the two countries, have for that purpose appointed their respective Plenipotentiaries, that is to say: the President of the United States has appointed, on the part of the United States, as Commissioners in a Joint High Commission and Plenipotentiaries, Hamilton Fish, Secretary of State; Robert Cumming Schenck, Envoy Extraordinary and Minister Plenipotentiary to Great Britain; Samuel Nelson, an Associate Justice of the Supreme Court of the United States; Ebenezer Rockwood Hoar, of Massachusetts; and George Henry Williams, of Oregon; and Her Britannic Majesty, on her part, has appointed as Her High Commissioners and Plenipotentiaries, the Right Honourable George Frederick Samuel, Earl de Grey and Earl of Ripon, Viscount Goderich, Baron Grantham, a Baronet, a Peer of the United Kingdom, Lord President of Her Majesty's Most Honourable Privy Council, Knight of the Most Noble Order of the Garter, &c., &c.; the Right Honourable Sir Stafford Henry Northcote, Baronet, one of Her Majesty's Most Honourable Privy Council, a Member of Parliament, a Companion of the Most Honourable Order of the Bath, &c., &c.; Sir Edward Thornton, Knight Commander of the Most Honourable Order of the Bath, Her Majesty's Envoy Extraordinary and Minister Plenipotentiary to the United States of America; Sir John Alexander Macdonald, Knight Commander of the Most Honourable Order of the Bath, a member of Her Majesty's Privy Council for Canada, and Minister of Justice and Attorney-General of her Majesty's Dominion of Canada; and Mountague Bernard, Esquire, Chichele Professor of International Law in the University of Oxford. And the said Plenipotentiaries, after having exchanged their full powers, which were found to be in due and proper form, have agreed to and concluded the following articles: ARTICLE I. Whereas differences have arisen between the government of the United States and the government of Her Britannic Majesty; and still exist, growing out of the acts committed by the several vessels which have given rise to the claims generically known as the "Alabama Claims": And whereas Her Britannic Majesty has authorized Her High Com But any cause or matter assigned to Appeal; from which Court a further appeal lies to the House of Lords (Appellate Jurisdiction Act, 1876, s. 3). The appeal from Vice-Admiralty Courts, and other prize courts, still lies to the Privy Council. (Supra, Vice-Admiralty Courts Act, 1863 (26 Vict. c. 24), s. 22.) Nelson Private International Law, pp. 59, 60, 61.] |